The Supreme Court has slated December 8 for hearing in a suit filed by the governors of the 36 states of the federation against the Federal Government, challenging the manner of deduction of fuel subsidy funds from crude oil proceeds.
The governors, who sued through their respective attorneys-general, described as “unwholesome and unconstitutional” the practice of deducting the fuel subsidy fund and other expenditure from the oil proceeds before it is paid into the Federation Account.
They claim that their various states had been short-changed through the deductions by the Nigerian National Petroleum Corporation on the instruction and authority of the Federal Government.
They also argue that the practice, which they urge the apex court to stop, had led to inaccuracies in the oil revenue remitted to the Federation Account.
The plaintiffs sued the Federal Government, through the Attorney-General of the Federation, Mr. Mohammed Adoke, and joined the National Assembly as the second defendant.
They had instituted the suit marked SC/149/2012 with the Supreme Court as its original jurisdiction (court of commencement) in 2012.
But both the Attorney-General of the Federation, represented by Mr. Taiwo Abidogun, and the National Assembly, represented by Mr. Ken Ikonne, only regularised the filing of their statements of defence and notices of preliminary objection during the court proceedings of September 23, 2014.
Through their lawyers, Mr. Joseph Daudu and Chief Lateef Fagbemi, both Senior Advocates of Nigeria, the plaintiffs are urging the Supreme Court to, among other prayers, declare the practice as violating provisions of sections 88 and 162 of the 1999 Constitution of the Federal Republic of Nigeria.
They also seek “a perpetual order of injunction retraining the Federal Government of Nigeria by itself, servants, agents privies and those taking instruction from it from making any further deductions from the amount standing to the credit of the Federation Account for the purpose of funding the payment of fuel subsidy claims or any other purpose whatsoever, except those authorised by Section 162 of the 1999 Constitution of the Federal Republic.”
The governors, who sued through their respective attorneys-general, described as “unwholesome and unconstitutional” the practice of deducting the fuel subsidy fund and other expenditure from the oil proceeds before it is paid into the Federation Account.
They claim that their various states had been short-changed through the deductions by the Nigerian National Petroleum Corporation on the instruction and authority of the Federal Government.
They also argue that the practice, which they urge the apex court to stop, had led to inaccuracies in the oil revenue remitted to the Federation Account.
The plaintiffs sued the Federal Government, through the Attorney-General of the Federation, Mr. Mohammed Adoke, and joined the National Assembly as the second defendant.
They had instituted the suit marked SC/149/2012 with the Supreme Court as its original jurisdiction (court of commencement) in 2012.
But both the Attorney-General of the Federation, represented by Mr. Taiwo Abidogun, and the National Assembly, represented by Mr. Ken Ikonne, only regularised the filing of their statements of defence and notices of preliminary objection during the court proceedings of September 23, 2014.
Through their lawyers, Mr. Joseph Daudu and Chief Lateef Fagbemi, both Senior Advocates of Nigeria, the plaintiffs are urging the Supreme Court to, among other prayers, declare the practice as violating provisions of sections 88 and 162 of the 1999 Constitution of the Federal Republic of Nigeria.
They also seek “a perpetual order of injunction retraining the Federal Government of Nigeria by itself, servants, agents privies and those taking instruction from it from making any further deductions from the amount standing to the credit of the Federation Account for the purpose of funding the payment of fuel subsidy claims or any other purpose whatsoever, except those authorised by Section 162 of the 1999 Constitution of the Federal Republic.”
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